European Business Law: UK Influence on Secondary EU Law

This report provides a detailed analysis of European Business Law, focusing on the interaction between EU and UK legal structures. It begins by identifying the sources of EU law, distinguishing between primary and secondary legislation, and explaining their roles in regulating business practices. The report then explores how EU legislation, both primary and secondary, is integrated into the UK legal framework and how it takes effect. It also examines the UK's ability to influence the content of secondary EU law. The report highlights the hierarchical nature of the UK's judicial system and the processes involved in enacting primary and secondary legislation, including the influence of the Lisbon Treaty. The discussion also covers the advantages and disadvantages of secondary legislation, its flexibility, and the role of delegated powers. Finally, the report concludes by summarizing the significance of EU law within the British political procedure.

Running Head: BUSINESS LAW 0
EUROPEAN BUSINESS LAW

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Table of Contents
Introduction................................................................................................................................2
EU Law Sources.........................................................................................................................2
Effect of Primary and Secondary Legislation within the UK Legal Structure..........................3
Influential Content of Secondary Law in the UK......................................................................4
Conclusion..................................................................................................................................6
References..................................................................................................................................7

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Introduction
In this report, the discussion will be based on the topic related to European Business
law. It will also include its sources along with relevant contribution can be done to control
and regulate the business practices across European Union. Furthermore, the analysis will be
made regarding the methods of integration and enforcement of the European law within the
other Member States. Then, the critical evaluation of the European Union Legislation by
using both aspect like the primary and the secondary while explaining in the context of the
United Kingdom with its positive and negative perspectives.
EU Law Sources
The two important main sources of the EU law have been identified in this system.
Firstly, it is known by the term primary legislation of the European Union which is formed by
the treaties and laid down as the legal framework in the EU. It is considered as the leading
process of law in the EU (lang, Pistone, & Schuch, 2018). This consists of mostly the
following treaties such as the Treaty on EU, Treaty on the functioning of the EU and the
Treaty related to the establishment of the European Atomic Energy Community.
It also includes the official procedure and the additional requirements of the treaties
with attaining the interest of the EU Member States and focusing on all other treaties. These
treaties have mutually split out the powers between Member States and the Union that
determines the settlement-making process with the power of the institutions of the EU and
their valid scope of all such activities within each functioning division. The current alteration
of the primary EU law has been supported by the Lisbon Treaty which came into action on
December 2009.

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It is then examining upon Secondary Law which comprised of the unilateral acts and
agreements. The unilateral acts are those which have been recorded in the Article 288 of the
Treaty on the functioning of the EU that includes its main components like the procedure,
order, settlement, judgement and the guidance. The lawful binding acts which are adopted
through the legislative procedure are known to be as the legislative acts or by the term
legislation (Barnard & Peers, 2017). The agreements contain the various international
agreements and the conventions which are duly attested by the authorized group or handled
by the EU.
Effect of Primary and Secondary Legislation within the UK Legal
Structure
The primary legislation and the secondary or the delegated sources are classified
under the constitutional system of the UK. It acknowledges various such sources which are
termed the most important in the historical and the political development of the country. The
law is regulated through a set of a hierarchical judicial system so, such cases are further
resolved on the basis of prioritizing the high ranked courts which are binding upon the low
level courts and termed as the binding pattern (Department for Exiting the European Union,
2017). Then, dealing with another important source which is known as the primary
codification or the enactment that is formed and sanctioned by the judicial body as per the
highest legislature and then it gets enforced to become an actual lawful Act. The most
significant source is the secondary or the representative law-making that emerges only when
the Act transfers extra law-making control to further body or individual other than the
authorized body which is the parliament.
The primary legislation is an inclusive term which accepts many other laws which are
sanctioned by the judicial body of the UK. It consists of acts such as Acts done by

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Parliament, the Acts of pre-UK Parliaments, and Acts of the Scottish Parliament, Measures of
the National Assembly for Wales, etc through the General Synod. The lawful system of
passing the action in the legislature is very compound and unfavourable (Chawla, 2007). The
first study in the House of Commons is initiated in the form of a statement and secondly very
close scrutiny and debate takes place along with several amendments which are applied
accordingly. In relation to the final reading, the aforesaid statement is initiated with the
potential of getting altered. Finally, the statement goes to the House of Lords were
considering it’s more or less nature procedure is decided. However, such a difficult procedure
and its lengthy and detailed procedure of the statement take a lot of time duration and also
create postponement in the emergency circumstances. Another lacking element of this
procedure is when it is about the over costing while at the time of the recent legislature that
desire a lot of resources to formulate and affects especially when the proposed statement fails
and the elected government brings it back for general election.
In relevance to the primary legislation, the secondary legislation is a lower law which
is created by the administrative branch within the aspect of the legislature with having all the
lawful force. The control over the secondary legislative are granted by the political leader,
public bodies or by the Crown. This legislation is in the form of enacted Instruments and
Statute with an aim to support, administer towards the primary legislation.
Influential Content of Secondary Law in the UK
The secondary legislation has influenced in many ways in the UK. It has been a law
enactment process which is not very complex as when viewing the primary legislation as
while sanctioning it does not consume much of time. In a general way, the secondary
legislation is formed by getting it attested by the representative person who is well-known
expertise with respect to the bills. This makes the legislation very adjustable and immediate

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because the situations change and unpredicted issues can occur any time in the need of
serious situation (Schutze, 2015). So, the value and the nature of such representative
legislation in comparison with the primary legislation is more of an important one due to the
applicability of the laws passed in a faster way and more flexible but can be stated as a
disadvantage at some point of time (O' Neill, 2011). It is also mainly dealt and planned by
those who have the best technical understanding in pertaining to this legislation and its
necessary aspects. However, many Statutory Instruments are not mandatory to be laid down
before the highest legislature and are therefore, they are not subjected to any Legislative
control.
The Delegated legislation is supervised by getting it signed by the author or by his
authorized representative. Such legislation is made by the ministers and involvement of the
public bodies by using the delegated powers by acts of parliament. For example, where a
primary act may create a particular benefit, on the other hand, the secondary legislation may
be uprated and get benefitted each year. The mandatory motive for putting forward the
elements of EU law in the UK statute that led to an increase in the quantity of the secondary
legislation. The representative legislation is not an intimidating remark to Parliament
jurisdiction as it is considered the most crucial rule of the UK framework. It becomes an
essential tool because legislature does not always have the knowledge about the requirements
of the general public. The laws dealing with this legislation can be altered or cancelled very
quickly by another statue. For example, by utilizing the statutory instrument, the transport
Minister had safely achieved by initiating the general transport act 2008 by fulfilling and
engaging the terms of the road traffic regulation.

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Conclusion
To conclude, the above discussion is dealt with one of the two main significant
elements or the sources of the EU. It is a feature that differentiates the EU law and is
immediately imposed before the courts of the EU Member States and such laws can be held
inapplicable if a dispute arises with EU laws. Then highlighting upon aspects of primary
legislation which can be expressed as a functioning shell onto which the basic refined details
is exercised by the secondary legislation. But the major disadvantage regarding the secondary
legislation is that it takes the law-making ability and leadership away from the legislature
which might be considered as against the principles of democratic. Therefore, this procedure
of law-making still keeps its functional and great significance in the scenario of the British
political procedure.
References

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Barnard, C., & Peers, S. (2017). European Union Law. Oxford University Press.
Chawla, M. (2007). Delegation of Legislative Powers. Deep and Deep Publications.
Department for Exiting the European Union, G. (2017). Legislating for the United Kingdom's
Withdrawal from the European Union. H M Government.
lang, M., Pistone, P., & Schuch, J. (2018). Introduction to European Tax Law on Direct
Taxation. Linde Verlag GmbH.
O' Neill, A. (2011). EU Law for UK Lawyers. Bloomsbury Publishing.
Schutze, R. (2015). EU Treaties and Legislation. Cambridge University Press.